사해행위취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings as stated in Gap evidence 2, 3, Eul evidence 1, 5, 6, 7, 15, Eul evidence 2, 3, 4, and 2.
In order to carry out the business of constructing and selling the buildings listed in the attached list of the third and 11th floor above the ground level on the ground of Kimpo-si B, Kimpo-si, 681.5 square meters (hereinafter “instant land”), Jindong Co., Ltd., Ltd. (hereinafter “Jinjin-si”) entered into a contract for the construction of a building (hereinafter “instant construction”) with C Co., Ltd. (hereinafter “C”) with the construction cost of KRW 6,127,00,000, which is set forth as KRW 6,127,000 for the construction cost.
B. Voluntary auction procedure for the instant land 1) on April 20, 2009 with regard to the instant land, Jinchi changed the registration of creation of a neighboring mortgage on April 30, 2010 on the instant land by setting the debtor’s mine at KRW 3,640,00,000, with the maximum debt amount set at KRW 3,640,000, and on March 30, 2010, with the debtor as C and the maximum debt amount at KRW 1,820,000,000, to the Reference Savings Bank Co., Ltd. (the first mutual savings bank Co., Ltd., Ltd., Ltd., but, on August 30, 2010, to the Reference Savings Bank on September 24, 2010, respectively.
hereinafter referred to as “Exchange Savings Bank”
(2) On the other hand, on April 8, 2010, Jindong Agricultural Cooperatives and Korea Savings Bank filed an application for voluntary auction of the instant land based on each of the above collateral security rights, and Kim Jong-po Agricultural Cooperatives filed an application for voluntary auction of the instant land on December 30, 2010, and on April 13, 201, the Korea Asset Savings Bank received voluntary auction decisions to commence auction proceedings with E on the same court as E, respectively. < Amended by Act No. 1037, Apr. 8, 2010>
3. The 3rdjin Agricultural Cooperatives, etc. shall suspend the above auction procedure.